Lucreita D. Becude’s Answers

Lucreita D. Becude

Jacksonville Family Law Attorney.

Contributor Level 14
  1. Should a mother give up rights to her 3 boys if dcf says if you dont give up your rights you will loose your newborn baby to

    Answered 10 months ago.

    1. Lucreita D. Becude
    2. Heather Morcroft
    2 attorney answers

    I agree with my colleague. I am sure she was appointed an attorney who should be on top of this situation. Having said that, I will say this. If the mother has been clean for two years and completed her classes as instructed to do so and is capable of maintaining a home and provisions for these children, then she should have that opportunity. However, I am not sure this is in the best interest of the children and would have to look at her history.

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  2. Guardianship question.

    Answered almost 2 years ago.

    1. Lucreita D. Becude
    2. Susan E. Gregory
    3. Joseph Franklin Pippen Jr.
    3 attorney answers

    There seems to be a two fold situation here. Did your mom sign the DNR and if she did, did she understand what she signed. If your mom is incapaciated I suggest you get guardianship over her. I also suggest you have a Korean interpreter come in and ask these questions to the doctor to ger a better understanding of what took place. Hospitals have their own forms for living wills and for health care surrogates. She may have signed giving that power to the doctor but if she was unaware of...

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  3. Probate is there any defenses to stop the new wife from being awarded homestead since the house is not a marital property?

    Answered 6 months ago.

    1. Barry A. Stein
    2. Joseph Franklin Pippen Jr.
    3. Lucreita D. Becude
    3 attorney answers

    She is entitled to at least partial homestead if you are still part owner of the property. I suggest you get an attorney to defend your share of the house. The court could mandate the sale in order to split the proceeds with the new wife. If your ex did not leave a will this gets more complicated as his surviving heirs (children) also have a right in the house. She will get a life estate based on her longevity of life calculations. As to paying taxes etc - I certainly would ask for a...

    3 lawyers agreed with this answer

  4. Post Divorce changes and litigation. I'm going through a modification of parenting time. My husband and I divorced in 2008

    Answered 7 months ago.

    1. Heather Morcroft
    2. Lucreita D. Becude
    3. Alan James Brinkmeier
    3 attorney answers

    If he wants COBRA he can do so but he will have to pay. You are divorced. Secondly not sure if you are stating he has an attorney or not. In order to squash his action you need to hire an attorney. You have children involved and there are no do overs. Since he has his girlfriend in his house, you can ask that the children not be exposed to his affairs. Ask for supervised visits to protect these innocent children. Also he should be paying more than the amount you stated for child support....

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  5. My father died in 2005 with no will. At the time my grandmother was living with him and continued paying the mortgage

    Answered 11 months ago.

    1. Marian Audrey Lindquist
    2. Lucreita D. Becude
    3. Joseph Franklin Pippen Jr.
    4. Steven J. Fromm
    4 attorney answers

    since your father died without a will, then his children would be first in line to receive the property. Because there is real estate involved, you MUST in Florida probate his estate. However, it has been over two years and creditors will be barred from attaching debts to the property EXCEPT THE MORTGAGE. You can continue the payment on the mortgage but you need to inform them that your father is deceased.

    3 lawyers agreed with this answer

  6. If my child was born out of wedlock in Florida and the father lives out of state,

    Answered 7 months ago.

    1. Lucreita D. Becude
    2. Heather Morcroft
    2 attorney answers

    I would establish paternity and child support. At the moment you are the sole care provided and primary custody of the child, you do not have to allow him visits. I suggest you do this because once he has the child, why would he send the child back? Just so you know, notarized statements do not stand up to the law. You much have a court order in order to get your child back.

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  7. In an Injunction for domestic Viloence hearing thatRespondent has been evading Sheriff'service for months, and is served by a PS

    Answered 10 months ago.

    1. Brent Allan Rose
    2. Lucreita D. Becude
    2 attorney answers

    He can not be served by the Judge - however, I see no reason that an officer at the hearing can not serve him. If he shows up - have him served.

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  8. Do i need to go through the courts?

    Answered almost 2 years ago.

    1. Lucreita D. Becude
    2. Sean Patrick Mason
    2 attorney answers

    Take the death certificate to the sheriff's office and ask for an escort to pick up your son. The only thing that will stop you is IF they have received an order from the court allowing them custody until a hearing is held. They would have had to serve you with that - so they probably do not.

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  9. If a lease was done incorrectly is it binding in civil action/eviciton?

    Answered almost 2 years ago.

    1. Lucreita D. Becude
    2. Carol Lynne Graham
    2 attorney answers

    Saying OK is not the same as getting a receipt with a release. You may have to pay up. However, I would explain to the Judge what happened. As to the social and dob, scrivner's error. As long as you signed, you are old enough to know what you signed.

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  10. Should I use an affidavit or deposition to obtain evidence for a divorce hearing?

    Answered about 2 years ago.

    1. Lucreita D. Becude
    2. Gregg R. Brennan
    2 attorney answers

    Florida is notorious for appearance at the hearing. Affidavits are find but without the person attending, then it becomes worthless. Depositions of course always have more weight but here again, without the person attending, not much weight. However, it might be possible that with the deposition,you could arrange for telephone conference during the hearing in the event they would be needed at hearing. However, that is up to the court to approve.

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